Casey J. McCracken is a partner in the Orange County office of Gibson, Dunn & Crutcher LLP and a member of the Litigation and Intellectual Property practice groups.  His practice focuses on complex commercial litigation, with a focus on technology litigation, including patent litigation, software copyright, trade secret, unfair competition, contract disputes, and licensing.  Casey also defends law firms in legal malpractice cases, including those involving underlying intellectual property matters.

Casey has successfully represented clients in numerous high-stakes intellectual property cases and several trials, including “bet the company” cases and numerous cases alleging damages over $1 billion.  His work spans a variety of technologies, including cellular network technology, software, digital devices, smartphones, medical devices, and mechanical apparatuses.  Casey also has substantial experience litigating business contract and tort claims that often accompany patent and copyright infringement suits, including breach of contract, false advertising, unfair competition, and interference.  He has also represented technology companies and their directors in class actions, including, data privacy, employment discrimination and breach of fiduciary duty cases.  Casey’s clients range from Fortune 500 (and Fortune 10) companies to growing start-ups.

Recent representative matters include:

• Lead member of the trial team that successfully represented a leading enterprise resource planning software support company in a case alleging over $1 billion in damages. Our opponent dropped all damages claims on the eve of trial.
• Member of the trial team that successfully defended Hewlett Packard Enterprises in a software copyright trial, obtaining a jury verdict for a fraction of the damages sought.
• Second-chaired trial for a leading enterprise resource planning software support company in an action to enforce an injunction.
• Argued and won an appeal for a major accounting and consulting firm, obtaining full recovery of over $1 million in e-discovery costs—the largest award recorded in any California decision.
• Member of the trial team that won a complete defense verdict for T-Mobile in patent infringement case involving cellular networking technology.
• Defended a major accounting and consulting firm in an action for breach of contract involving a software contract, obtaining a complete dismissal with prejudice of a multi-hundred-million-dollar claim, and exposing a massive fraud committed by the Plaintiff and its counsel.
• Secured dismissal, on behalf of a mid-size technology company, of Digital Millennium Copyright Act, computer hacking, and competition claims brought by a Broadcom subsidiary.
• Successfully represented a major AmLaw 100 law firm in complex litigation involving an alleged Ponzi scheme.
• Successfully represented the San Diego Padres in a class action alleging breach of the covenant of good faith and fair dealing with respect to certain fans.
• Successfully represented the Los Angeles Rams in multiple matters related to stadium seat licenses.

Casey has been repeatedly recognized as a “Rising Star” by Super Lawyers magazine.  He has practiced in federal courts throughout the country, California state court, and federal and state appellate courts.

Prior to joining Gibson Dunn, Casey served as a judicial clerk for United States District Judge Ricardo S. Martinez in the Western District of Washington.  He graduated Order of the Coif from Stanford Law School.  He holds a Bachelor of Science degree in mathematics with distinction and a Bachelor of Arts degree in economics with honors and distinction, both from Stanford University.